USPTO Patents Application 09843289

APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.

28524 7590 02/27/2009 I ™ a »,™t™

SIEMENS CORPORATION I examiner

INTELLECTUAL PROPERTY DEPARTMENT nguyen, phuongchau ba

170 WOOD AVENUE SOUTH i

ISELIN, NJ 08830 I art unit

PAPER NUMBER

MAIL DATE | DELIVERY MODE

02/27/2009 PAPER

Please find below and/or attached an Office communication concerning this application or proceeding.

The time period for reply, if any, is set in the attached communication.

PTOL-90A (Rev. 04/07)

Application/Control No.

Applicant(s)/Patent under

Notice of Panel Decision
from Pre-Appeal Brief
Review

Reexamination

09/843,289

ATWATER ET AL.

Art Unit

PHUONGCHAU BA
NGUYEN

2416

This is in response to the Pre-Appeal Brief Request for Review filed 29 December 2008.

1 . □ Improper Request - The Request is improper and a conference will not be held for the following
reason(s):

□ The Notice of Appeal has not been filed concurrent with the Pre-Appeal Brief Request.

□ The request does not include reasons why a review is appropriate.

□ A proposed amendment is included with the Pre-Appeal Brief request.

□ Other:

The time period for filing a response continues to run from the receipt date of the Notice of Appeal or from
the mail date of the last Office communication, if no Notice of Appeal has been received.

2. □ Proceed to Board of Patent Appeals and Interferences - A Pre-Appeal Brief conference has been
held. The application remains under appeal because there is at least one actual issue for appeal. Applicant
is required to submit an appeal brief in accordance with 37 CFR 41 .37. The time period for filing an appeal
brief will be reset to be one month from mailing this decision, or the balance of the two-month time period
running from the receipt of the notice of appeal, whichever is greater. Further, the time period for filing of the
appeal brief is extendible under 37 CFR 1.136 based upon the mail date of this decision or the receipt date
of the notice of appeal, as applicable.

□ The panel has determined the status of the claim(s) is as follows:

Claim(s) allowed: .

Claim(s) objected to: .

Claim(s) rejected: .

Claim(s) withdrawn from consideration: .

3. □ Allowable application - A conference has been held. The rejection is withdrawn and a Notice of
Allowance will be mailed. Prosecution on the merits remains closed. No further action is required by
applicant at this time.

4. ^ Reopen Prosecution - A conference has been held. The rejection is withdrawn and a new Office
action will be mailed. No further action is required by applicant at this time.

All participants:

(1 ) PHUONGCHAU BA NGUYEN . (3).

(2) RICKY NGO .

/PHUONGCHAU BA NGUYEN/
Examiner, Art Unit 2416

/Ricky Ngo/

Supervisory Patent Examiner, Art
Unit 2416

(4) ■

U.S. Patent and Trademark Office

Part of Paper No. 20090224